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AG 2014 06 16
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AG 2014 06 16
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6/18/2014 9:32:09 AM
Creation date
11/27/2017 10:47:36 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/16/2014
Board
Board of Commissioners
Meeting Type
Regular
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compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA FTA regulations, <br />"Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and <br />other applicable Federal environmental protection regulations that may be promulgated at a later date. <br />The Contractor agrees to comply with the applicable provisions of 23 U.S.C. § 139 pertaining to <br />environmental procedures, and 23 U.S,C. § 326, pertaining to Purchaser's responsibility for <br />categorical exclusions, in accordance with the provisions of joint FHWAIFTA final guidance, <br />"Environmental Review Process (Public Law 109 -59)," 71 Fed. Reg. 66576 et .seq. November 15, <br />2006 and any applicable Federal directives that may be issued at a later date, except to the extent that <br />FTA determines otherwise in writing. <br />12. Enerciy Conservation <br />The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency <br />that are contained in the state energy conservation plans issued in compliance with the Energy Policy <br />and Conservation Act, 42 U.S.C. Sect. 6321 et seq. <br />13. Buy America <br />If the Contractor is providing vehicles as part of the operations or service agreement, the vehicles <br />must meet Buy America. The Contractor agrees to comply with 49 U.S.C. § 53230), as amended by <br />MAP -21 and 49 C.F.R. part 661, to the extent consistent with MAP -21, and subsequent amendments <br />to those regulations that may be promulgated. The Contractor also agrees to comply with FTA <br />directives to the extent those directives are consistent with MAP -21, except to the extent that FTA <br />determines otherwise in writing. Buy America requirements state that Federal funds may not be <br />obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in <br />the United States, unless a waiver has been granted by FTA or the product is subject to a general <br />waiver. General waiver requirements are listed in 49 CFR 661.7. Appendix A grants a general public <br />interest waiver from the Buy America requirements that apply to microprocessors, computers, <br />microcomputers, or software, or other such devices, which are used solely for the purpose of <br />processing or storing data. This general waiver does not extend to a product or device, which merely <br />contains a microprocessor or microcomputer and is not used solely for the purpose of processing or <br />storing data. Small purchases (currently less than $100,000) made with capital, operating, or <br />planning funds are also exempt from the Buy America requirements. <br />The Buy America requirements flow down from FTA recipients and subrecipients to first tier <br />contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in <br />compliance. <br />Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11, which provide <br />that Federal funds may not be obligated unless rolling stock is manufactured in the United States and <br />have a sixty (60 %) percent domestic content. Rolling stock that is not subject to a general waiver must <br />be manufactured in the United States and have a 60 percent domestic content. Rolling stock <br />includes: buses, other vehicles used in transportation, train control equipment, communication <br />equipment, and traction power equipment. <br />Effective July 24, 1995 small purchases (under the $100,000 threshold) made with FTA funds, <br />will not be subject to the Buy America requirement. The value of small purchases should be <br />determined by using "contract price" and not "unit price ". <br />These regulations require, as a matter of responsiveness, that the Bidder or Contractor submit <br />to the purchaser the appropriate Buy America certification (Attachment C or D) with all bids <br />where FTA funds are provided, except those subject to a general waiver or less than $100,000. <br />34 <br />Attachment number 1 <br />F -5 Page 188 <br />
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